Win against Gladstones/ES Parking

jack123w

I just wanted to say thanks for all the help and advice on this forum and provide a quick update.

I had a hearing in Manchester this morning about a parking charge supposedly incurred by leaving a ‘customer only’ car park (Seymour Grove, Old Trafford). Nobody showed up to represent ES Parking- although the judge didn’t exactly give me an easy time of it! It wasn’t the first time the judge had dealt with this parking firm and site though.

I argued that the sign wasn’t clear about what constituted ‘the site’ and that the terms about the amounts charged weren’t sufficiently prominent. The judge disagreed that the terms about a £100 charge weren’t prominent enough but agreed that it wasn’t clear that the adjacent shops aren’t considered part of the site. He dismissed the claim for that reason.

ES Parking had also added a £60 charge which the judge agreed wasn't recoverable. He didn’t seem to think that was enough to throw the whole claim out though.

Bit of a relief to have this gone after 18 months but also galling to think of the number of people that will have just paid up and lined some rather dirty pockets.

It was at Manchester Civil Justice Center and the claim number was F0GF29GM. 

Thanks again!

beamerguy

Well done, the main point is that Gladstones failed again

ES Parking had also added a £60 charge which the judge agreed wasn't recoverable

Gladstones will continue with this fake £60 regardless and parking companies should wake up if they continue to use legals like this ....... chances are very high they will lose

Redx

2 issues there , both were dealt with

Boundaries of site not defined and confusion about the premises served by it

The £60 additional charge , nothing to do with the PCN

A win on both counts , so well done

zhonguonuren

Think about sending a letter before action to the parking company for failing to attend the court hearing it brought,  clearly because it had no merit.  Claim for the time involved and most important the stress.  Keep it to £300 and it will only cost £25 if you decide to issue a claim via moneyclaim online.  At DQ stage ask for mediation as parking company have to offer something - and saves going to court. It’s at home on the telephone (not like a telephone hearing).
Mediation is only to be used when bringing a claim not defending one.  

Umkomaas

zhonguonuren said:

Think about sending a letter before action to the parking company for failing to attend the court hearing it brought,  clearly because it had no merit.  Claim for the time involved and most important the stress.  Keep it to £300 and it will only cost £25 if you decide to issue a claim via moneyclaim online.  At DQ stage ask for mediation as parking company have to offer something - and saves going to court. It’s at home on the telephone (not like a telephone hearing).
Mediation is only to be used when bringing a claim not defending one.  

I think more and more people should be doing this, even though it may ultimately result in nothing. A LBA costs no more than a stamp, which, once delivered, the PPC know they cannot comfortably ignore it.  Give them some reciprocal crap to deal with. 

People have to fight back aggressively, not supinely breathing a sigh of relief should the PPC discontinue with everything quietly slipping away.  Otherwise the PPC juggernaut continues bringing misery to millions. 

D_P_Dance

I agree entirely with the above and am puzzled why some regulars are so opposed to this action.

Coupon-mad

I am supporting more than one substantial counterclaim at this very moment but only in cases that merit it.  That is not all cases but this may be one, so I agree!

D_P_Dance

I was not referring to you CM.